Section 79Part 10 — CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN
Offences
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A person shall not provide day care for children under the age of 8 on any premises within the Islands unless he is registered by the Department under section 72(1)(b) with respect to those premises.
Any person who contravenes subsection (1) without reasonable excuse shall commits an offence.
A person shall not act as a child minder on domestic premises within the Islands unless he is registered by the Department under section 71(1)(a).
Where it appears to the Department that a person has contravened subsection (3), it may serve a notice ("an enforcement notice") on him.
An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.
Where a person with respect to whom an enforcement notice is in force contravenes subsection (3) without reasonable excuse he commits an offence.
Any person who, without reasonable excuse contravenes, or otherwise fails to comply with, any requirement imposed on him under section 73 or 74 commits an offence.
Where any person —
acts as a child minder on domestic premises at any time when he is disqualified by regulations made under paragraph 2 of Schedule 9; or
contravenes any of subparagraphs (3) to (5) of paragraph 2,
he commits offence.
Where a person contravenes subparagraph (3) of paragraph 2 he does not commit an offence under this section if he proves that he did not know, and had no reasonable grounds for believing, that the person in question was living or employed in the household.
Where a person contravenes subparagraph (5) of paragraph 2 he does not commit an offence under this section if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.
A person who commits an offence under this section is liable on summary conviction —
in the case of an offence under subsection (8), to a fine not exceeding $5,000;
in the case of an offence under subsection (9), to a fine not exceeding $5,000; and
in the case of any other offence, to a fine not exceeding $5,000.
Cross References
- Section 71 of Children Act
Registration requirement
- Section 72 of Children Act
Registration
- Section 73 of Children Act
Requirements for child minders
- Section 74 of Children Act
Requirements for day care providers
- Section Schedule 9 of Children Act
Disqualification regulations